Legal Question in Personal Injury in Oklahoma
What if my claim exceeds policy limits
I was in a car accident,it was the other persons fault.I had to have a spinal fusion,and will never return to my old line of work. The other person's insurance has offered the policy limit of $50,000.My medical bills alone were 98,000.Who is responsible for the difference, not to mention loss of income, permanant damage to myself,and pain and suffering.I am only 30 and will never be the same!!!
2 Answers from Attorneys
Re: What if my claim exceeds policy limits
The tortfeasor is responsible for the difference. With 98K in meds, I would expect this case to be worth 250-400K. But, you cannot get blood out of a turnip. Thus, you sue him and the ins co kicks in their 50 and whatever the jury gives you, he personally owes the rest. IF you have underinsured motorist, your company will kick in whatever your coversge is.
Now, you are probably wondering why the law does not require higher minimum coverages? Good question!
Re: What if my claim exceeds policy limits
Thanks for your question. My suggestion is that you turn the matter over to a qualified attorney. An attorney should agree not to take a fee out of the $50,000 which has already been offered. In other words, the attorney fee would come out of any addtional money above the $50,000 that has already been offerred. You should not accept the $50,000 now or you might destroy any chance you have to recover more on other available insurance. This is criticaly important. I would be glad to set you up with a competent attorney to help guide you through the legal jungle you now face.
Visit urgentlegalcare.com or check out my profile on the lawguru board.
Sincerely,
John W. Hunt
918-855-6928